Arvind Singh Parihar vs The State Of Madhya Pradesh
2021 Latest Caselaw 7055 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.49633/2021
          Arvind Singh Parihar vs. State of M.P. & Anr.

Gwalior, Dated : 29.10.2021

      Shri Mohit Bhadoriya, Counsel for the applicant.

      Shri    B.M.     Shrivastava,     Public    Prosecutor     for   the

respondent/State.

Case diary is available.

This second application under Section 439 of Cr.P.C. has been

filed for grant of bail. The first application was dismissed by order

dated 12.2.2021 passed in M.Cr.C.No.6953/2021.

The applicant has been arrested on 7.1.2021 in connection with

Crime No.07/2021 registered at Police Station Gwalior, District

Gwalior for offence under Sections 363, 376 of IPC and under

Section 3, 4 of the POCSO Act.

It is submitted by the counsel for the applicant that as per the

arrest memo, the applicant was arrested on 7.1.2021 and not on

2.1.2021 as it was reflected in the first bail application. It is submitted

that according to the prosecution case, the prosecutrix who is minor

had called the applicant, who left her at the petrol pump and handed

over to the co-accused Naresh. It is alleged that Naresh took the

prosecutrix to his house where his wife and children were also

residing. It is alleged that the prosecutrix was kept by Naresh in his

house for 3 to 4 days where she was allegedly raped by Naresh.

THE HIGH COURT OF MADHYA PRADESH MCRC No.49633/2021 Arvind Singh Parihar vs. State of M.P. & Anr.

Thereafter, the prosecutrix was left by Naresh at the Bus Stand and as

per the statement of the prosecutrix recorded under Section 161 of

Cr.P.C., the sister of the applicant took the prosecutrix to Gwalior

Police Station. It is submitted that it is true that the applicant had

handed over the prosecutrix to Naresh but he had no idea that Naresh

would commit rape on her. Furthermore, there is no allegation of rape

against the applicant. The prosecutrix has been examined and she has

supported the prosecution case. The applicant is in jail for the last

more than 10 months and in absence of any allegation of rape, the

period of detention is sufficient. The trial is likely to take sufficiently

long time and there is no possibility of his absconding or tampering

with the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the respondent/State. However, it is fairly conceded that

there is no allegation of rape against the applicant and the applicant

was arrested on 7.1.2021.

Considering the period of detention as well as the fact that there

is no allegation of rape against the applicant and without commenting

on the merits of the case, the application is allowed. It is directed that

the applicant be released on bail on furnishing a personal bond in the

sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the

THE HIGH COURT OF MADHYA PRADESH MCRC No.49633/2021 Arvind Singh Parihar vs. State of M.P. & Anr.

like amount to the satisfaction of the Trial Court/Committal Court to

appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                                (G.S. Ahluwalia)
 (alok)                                                               Judge




ALOK KUMAR
2021.10.29 16:44:57 +05'30'